People v. Dalton
People v. Dalton
Opinion of the Court
Defendant was convicted by a jury of
The first claim of error raised by defendant is that his motion for a mistrial was improperly denied when a juror had to be excused during the trial after becoming emotionally upset by the proceedings. The claim is without merit. Defendant has failed to allege either specific facts or circumstances warranting a holding that the remaining jurors were prejudiced against defendant as a result of the incident.
Defendant next contends that exposure of some members of the jury to media coverage of the trial resulted in prejudice to defendant. The record indicates three jurors admitted they had heard radio reports about the trial. Two heard reports regarding the general course of the trial, and the third said he heard a report that four other men involved in the incident had been convicted. None
It is next argued by defendant that the criminal sexual conduct act
Nor do we find under the facts of the within case that defendant was charged or convicted of several counts of sexual misconduct based on "only one act of intercourse”. Complainant was kidnapped and held captive for. over 12 hours. During that time she was raped numerous times by at
Defendant’s other claims of error are equally without merit.
Affirmed.
MCL 750.349; MSA 28.581.
MCL 750.529; MSA 28.797.
MCL 750.520b; MSA 28.788(2).
People v Jenkins, 10 Mich App 257; 159 NW2d 225 (1968).
People v Diamond, 231 Mich 484, 487; 204 NW 105 (1925).
People v Parker, 76 Mich App 432; 257 NW2d 109 (1977).
MCL 750.520a et seq; MSA 28.788(1) et seq.
People v Penn, 70 Mich App 638; 247 NW2d 575 (1976).
Defendant cited People v White, 390 Mich 245; 212 NW2d 222 (1973), in which it was held that a defendant may not be charged on two separate occasions and put through separate trials for criminal acts that arise out of one transaction. He also cited People v Willie Johnson, 75 Mich App 221; 255 NW2d 207 (1977), which held contrary to defendant’s position that presentation to the jury of several counts as alternatives under the criminal sexual conduct statute was not improper. Even if we assume the Supreme Court adopts the so-called lenity rule of People v Willie Johnson rather than the exposition of legislative intention articulated in People v Nelson, 79 Mich App 303; 261 NW2d 299 (1977), there would not appear to be error here.
Concurring in Part
(concurring in part, dissenting in part). I dissent as to the affirmance of the conviction on the second count of criminal sexual conduct in the first degree. There is a division on our Court between the position adopted in People v Robinson, 80 Mich App 559; 264 NW2d 58 (1978), People v Secreto, 81 Mich App 1; 264 NW2d 99 (1978), as against Judge Beasley’s view in People v Nelson, 79 Mich App 303; 261 NW2d 299 (1977). I subscribe to the reasoning in People v Robinson, supra, that the legislative intent is not so clear as to permit multiple punishments for a single act of criminal sexual penetration.
Although defendant could have properly been charged and convicted as an aider and abettor to
I concur as to affirmance on the other three counts.
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